Photo of wetlands & forest adjacent to Lake Muskoka proposed for massive development of private international school approved by Town & District, appealed by concerned local residents with over 6000 petitioners opposing this application.
IMPORTANT Closing Arguments were heard by Tribunal Member Hugh Wilkins on Thursday, January 19th at 10 a.m.
Hugh Wilkins is a lawyer who was called to the Ontario Bar in 1998. He practiced law at Morris/Rose/Ledgett LLP and is a former adjunct professor at Osgoode Hall Law School, York University. He holds Bachelor of Arts (Honours) and Bachelor of Laws degrees from Queen's University and a Master of Laws degree from the London School of Economics.
We thank you for your public support during this time.
The decision on this appeal may be precedent setting for Muskoka and Ontario! With Bill 23 and cuts to the environmental protections in Ontario by the current government, it is all too imperative that we protect Muskoka's beauty, natural heritage, endangered species, wetlands and forests so that those who wish to visit this "Land Between" can enjoy it for years to come...a precious gem for the future for generations to come.
Over 50,000 trees, wetlands, endangered species could be lost forever!
Closing Submissions were held in the following order:
Hugh Wilkins is a lawyer who was called to the Ontario Bar in 1998. He practiced law at Morris/Rose/Ledgett LLP and is a former adjunct professor at Osgoode Hall Law School, York University. He holds Bachelor of Arts (Honours) and Bachelor of Laws degrees from Queen's University and a Master of Laws degree from the London School of Economics.
We thank you for your public support during this time.
The decision on this appeal may be precedent setting for Muskoka and Ontario! With Bill 23 and cuts to the environmental protections in Ontario by the current government, it is all too imperative that we protect Muskoka's beauty, natural heritage, endangered species, wetlands and forests so that those who wish to visit this "Land Between" can enjoy it for years to come...a precious gem for the future for generations to come.
Over 50,000 trees, wetlands, endangered species could be lost forever!
Closing Submissions were held in the following order:
- Counsel for Muskoka Royal College
- Counsel for the Town of Bracebridge
- Counsel for South Bracebridge Environmental Protection Group
October 21, 2022
** FOR IMMEDIATE RELEASE**
Town Admits it was Wrong in Massive Private School OLT Hearing Town Planner Admits 15 metre Buffer is a Mistake – Hearing Adjourns to January 2023 Bracebridge
A dramatic turn of events highlighted the end of the first phase of the Ontario Land Tribunal’s appeal of the proposed massive Muskoka Royale private school that, if built, would be the largest in Ontario. The South Bracebridge Environmental Protection Group Inc. (“Bracebridge Wetlands”) has appealed the Town of Bracebridge’s approval of the school location in a 179 hectare (approx. 442 acres) ecosystem covered in forest and significant wetlands.
On Wednesday, October 19, 2022, the ecologist for the Town of Bracebridge, Dr. Andrea Smith, reversed herself under heavy cross-examination, admitting that it was preferable to have a uniform 30 metre buffer protecting the numerous wetlands on the 179 hectare (approx. 442 acres) site. She admitted in her evidence she could not find scientific literature justifying either a 15 metre buffer, or the proposed 30 metre “average” buffer, which is not regularly recommended by ecologists in Ontario, and recommended changing the proposed by-law under appeal.
As a result, the Town’s planner Mr. Holmes admitted under cross-examination that the Town would no longer be supporting the requested 15 metre buffer to protect significant environmental features like wetlands and wildlife habitat – a major victory for environmentalists.
Under cross-examination by legal counsel David Donnelly, the ecologist for Muskoka Royale Mr. Gord Nielsen admitted that the schools, dormitories, driveways, parking lots and sports facilities will necessitate the destruction of 36,000 – 50,000 trees and destroy the vegetation on an area of 28 hectares (approx. 69 acres), equivalent to thirty-three CFL football fields.
“We’re thrilled with the results of the hearing so far and gratified that the truth has finally come out – 15 metre buffers are not acceptable for sensitive wetlands in Muskoka, as we’ve been saying to the Town all along”, said Michael Appleby of Bracebridge Wetlands. 2
“We’re also extremely frustrated that it took an appeal and heavy cross-examination of these witnesses to speak the truth to the Town – there’s never been any scientific literature of practice of using small buffers in Ontario. That should have been the Town’s position from the beginning, not dragged out of their witnesses on the last day of their evidence, we’re paying for these witnesses”, he added.
The unevaluated wetlands on the site are now the subject of a Ministry of Natural Resources and Forestry (“MNRF”) review, as Bracebridge Wetlands has long suspected they are Provincially Significant Wetlands. Despite numerous requests from Bracebridge Wetlands for this Ontario Wetland Evaluation System (“OWES”), the Town refused, even though the Ontario Government’s Natural Heritage Reference Manual, which states, “the planning authority [Town] should ensure a wetland evaluation is undertaken”.
Under cross-examination, the wetland expert for Muskoka Royale admitted he thought the wetlands on site are Provincially Significant Wetlands. Inexplicably, despite being one of Bracebridge’s largest ever developments, Town Council did not have any evidence of how the loss of so many trees and vegetative cover would be consistent with the climate crisis, which every expert has called to date “an existential threat” to our planet. Under cross-examination, the planner for the Town admitted there was “no documentation” concerning climate adaptation, resiliency or mitigation provided to Council before it made its decision to approve the massive complex. On June 29, 2021, Bracebridge Council declared a “Climate Emergency”, and further formally committed to “adding a climate action perspective on all decision-making, large and small”.
“Provincial policy and the Official Plans of both Bracebridge and the District of Muskoka all have strong policies on combating climate change, but none of these policies or climate change mitigation strategies were presented to either Council, and that is shocking in this day and age”, said David Donnelly, counsel to Bracebridge Wetlands.
“The Town’s own planner stated the development could potentially occur on one Precinct of approximately 10 hectares (approx. 24.7 acres), instead of on five Precincts spread across 28 hectares (approx. 69 acres), saving a lot of ecosystem damage that would also mean children could walk to school instead of taking a shuttle bus. To approve such a massive development, with an extraordinary loss of 3 trees and vegetation without directly addressing climate change and how to do things better, in a more compact development, is a failure by Council and is very disturbing”, Donnelly added.
In a pleasant surprise for residents who care about climate change, Mr. Nielsen testified the proposed “Bracebridge By-pass”, an approved highway that would skirt downtown Bracebridge, would be “destructive” to the Town. Mr. Nielsen is a longtime Bracebridge resident. Residents are hoping the entire property will be saved from the proposed “Five Precinct” school proposal and highway.
The highway, approved by a Municipal Class Environmental Assessment in 2005, is scheduled to pass right through the Elementary School Precinct to be used by school children. Bizarrely, all the experts for Muskoka Royale and the Town were using the wrong map for years, which showed the By-pass avoiding the elementary school Precinct. Under cross-examination, the traffic engineer for Muskoka Royale admitted that the wrong map was being used to calculate road safety measures. Additional experts, including ecologists, servicing engineers, and planners had similarly used the wrong map. The hearing will resume in January 2023, when
Bracebridge Wetlands will call their experts, including a retired MNRF biologist, traffic engineer and planner.
Contacts:
** FOR IMMEDIATE RELEASE**
Town Admits it was Wrong in Massive Private School OLT Hearing Town Planner Admits 15 metre Buffer is a Mistake – Hearing Adjourns to January 2023 Bracebridge
A dramatic turn of events highlighted the end of the first phase of the Ontario Land Tribunal’s appeal of the proposed massive Muskoka Royale private school that, if built, would be the largest in Ontario. The South Bracebridge Environmental Protection Group Inc. (“Bracebridge Wetlands”) has appealed the Town of Bracebridge’s approval of the school location in a 179 hectare (approx. 442 acres) ecosystem covered in forest and significant wetlands.
On Wednesday, October 19, 2022, the ecologist for the Town of Bracebridge, Dr. Andrea Smith, reversed herself under heavy cross-examination, admitting that it was preferable to have a uniform 30 metre buffer protecting the numerous wetlands on the 179 hectare (approx. 442 acres) site. She admitted in her evidence she could not find scientific literature justifying either a 15 metre buffer, or the proposed 30 metre “average” buffer, which is not regularly recommended by ecologists in Ontario, and recommended changing the proposed by-law under appeal.
As a result, the Town’s planner Mr. Holmes admitted under cross-examination that the Town would no longer be supporting the requested 15 metre buffer to protect significant environmental features like wetlands and wildlife habitat – a major victory for environmentalists.
Under cross-examination by legal counsel David Donnelly, the ecologist for Muskoka Royale Mr. Gord Nielsen admitted that the schools, dormitories, driveways, parking lots and sports facilities will necessitate the destruction of 36,000 – 50,000 trees and destroy the vegetation on an area of 28 hectares (approx. 69 acres), equivalent to thirty-three CFL football fields.
“We’re thrilled with the results of the hearing so far and gratified that the truth has finally come out – 15 metre buffers are not acceptable for sensitive wetlands in Muskoka, as we’ve been saying to the Town all along”, said Michael Appleby of Bracebridge Wetlands. 2
“We’re also extremely frustrated that it took an appeal and heavy cross-examination of these witnesses to speak the truth to the Town – there’s never been any scientific literature of practice of using small buffers in Ontario. That should have been the Town’s position from the beginning, not dragged out of their witnesses on the last day of their evidence, we’re paying for these witnesses”, he added.
The unevaluated wetlands on the site are now the subject of a Ministry of Natural Resources and Forestry (“MNRF”) review, as Bracebridge Wetlands has long suspected they are Provincially Significant Wetlands. Despite numerous requests from Bracebridge Wetlands for this Ontario Wetland Evaluation System (“OWES”), the Town refused, even though the Ontario Government’s Natural Heritage Reference Manual, which states, “the planning authority [Town] should ensure a wetland evaluation is undertaken”.
Under cross-examination, the wetland expert for Muskoka Royale admitted he thought the wetlands on site are Provincially Significant Wetlands. Inexplicably, despite being one of Bracebridge’s largest ever developments, Town Council did not have any evidence of how the loss of so many trees and vegetative cover would be consistent with the climate crisis, which every expert has called to date “an existential threat” to our planet. Under cross-examination, the planner for the Town admitted there was “no documentation” concerning climate adaptation, resiliency or mitigation provided to Council before it made its decision to approve the massive complex. On June 29, 2021, Bracebridge Council declared a “Climate Emergency”, and further formally committed to “adding a climate action perspective on all decision-making, large and small”.
“Provincial policy and the Official Plans of both Bracebridge and the District of Muskoka all have strong policies on combating climate change, but none of these policies or climate change mitigation strategies were presented to either Council, and that is shocking in this day and age”, said David Donnelly, counsel to Bracebridge Wetlands.
“The Town’s own planner stated the development could potentially occur on one Precinct of approximately 10 hectares (approx. 24.7 acres), instead of on five Precincts spread across 28 hectares (approx. 69 acres), saving a lot of ecosystem damage that would also mean children could walk to school instead of taking a shuttle bus. To approve such a massive development, with an extraordinary loss of 3 trees and vegetation without directly addressing climate change and how to do things better, in a more compact development, is a failure by Council and is very disturbing”, Donnelly added.
In a pleasant surprise for residents who care about climate change, Mr. Nielsen testified the proposed “Bracebridge By-pass”, an approved highway that would skirt downtown Bracebridge, would be “destructive” to the Town. Mr. Nielsen is a longtime Bracebridge resident. Residents are hoping the entire property will be saved from the proposed “Five Precinct” school proposal and highway.
The highway, approved by a Municipal Class Environmental Assessment in 2005, is scheduled to pass right through the Elementary School Precinct to be used by school children. Bizarrely, all the experts for Muskoka Royale and the Town were using the wrong map for years, which showed the By-pass avoiding the elementary school Precinct. Under cross-examination, the traffic engineer for Muskoka Royale admitted that the wrong map was being used to calculate road safety measures. Additional experts, including ecologists, servicing engineers, and planners had similarly used the wrong map. The hearing will resume in January 2023, when
Bracebridge Wetlands will call their experts, including a retired MNRF biologist, traffic engineer and planner.
Contacts:
- Wendy Nicholson, Bracebridge Wetlands Email: wnicholson@bracebridgewetlands.ca
- David Donnelly, Legal counsel at 416.722.0220 Email: david@donnellylaw.ca
| Downloadable Press Release October 19.2022.pdf |
PROTECTING MUSKOKA will be your LEGACY!
ONCE DEVELOPED, NEVER THE SAME!
HEARING COMMENCED virtually at the Ontario Land Tribunal
on Tuesday, September 20, 2022 and will resume to hear our experts on Thursday, January 12, 2023 at 10 a.m.
The hearing will resume on January 12, 2023 at 10 a.m. by video hearing. Expected dates for hearing are January 12, 13, 16, 17 and 18 with the 19th reserved for overflow. The hearing plan is tentative and subject to change.
Please download the GO TO MEETING APP ahead of time or you may join in using your browser.
Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
Public may access the video hearing at this link:
https://global.gotomeeting.com/join/914098901
Audio-only telephone line: Toll Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 914-098-901
The length of the hearing may be shortened as issues are reordered or a settlement is achieved.
Thank you to all who sent in a Participant Statements that were considered at the Case Management Conference of September 22, 2021 and January 26, 2022. You can read the decisions by each of the tribunal members here:
September 22, 2021 Case Management Conference
January 26, 2022 Case Management Conference
THANK YOU FOR YOUR CONTINUED SUPPORT IN PROTECTING MUSKOKA's NATURAL HERITAGE.
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Bracebridge's wetlandsNATURAL SOLUTION, FIRST LINE OF PROTECTION AGAINST CLIMATE CHANGEThe importance of wetlands is often overlooked.
Wetlands help to:
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Threatened by developmentONTARIO WETLANDS EVALUATION NEEDEDThe wetlands of South Bracebridge are currently threatened by a proposed development. This land is suspected to be a provincially significant and complex wetland, but has never been evaluated in order to receive this official classification.
You asked the Town of Bracebridge to require an Ontario Wetlands Evaluation to determine if the subject wetlands should be protected as significant wetlands. They denied this request and we appealed on your behalf. We can't put wetlands back after they have been destroyed. Let's take the time to do this right. |
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"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."
Margaret Mead
STAY INFORMED |
HELP US IN OUR APPEAL AT OLT:Thank you to all who listened to our Appeal. We now await the decision by the Ontario Land Tribunal Member and Vice-Chair Hugh Wilkins.
Please support our costs for legal defense fund for the appeal at the Ontario Land Tribunal to preserve these natural heritage lands. CLICK HERE TO DONATE to the SMALL CHANGE FUND Charitable Donation Tax Receipts will be issued. THANK YOU! |
The South Bracebridge Environmental Protection Group Inc (SBEPG) is a registered non-profit corporation.
Contact us at info@bracebridgewetlands.ca
Contact us at info@bracebridgewetlands.ca
Copyright South Bracebridge Environmental Protection Group 2019-2023.